Shop LocalFriday, November 5, 2010
Although City of Fulton officials were proceeding Wednesday with plans to place an ordinance based on the smoking ban approved by city residents on Tuesday on the budget for the next city council meeting, information uncovered Thursday morning proved those plans unnecessary.
“We spent some time this morning reviewing (the city charter),” Director of Administration Bill Johnson said. “Prior to doing the investigation, we were treating this as any other ordinance up for approval by the council, but the charter has a specific way of handling a petition initiative.
“The charter was written so that a citizens’ vote trumps council action, so the city council really has no role in approving the ordinance that was presented.”
He said according to the charter, an ordinance approved by petition referendum is approved when the votes are certified, and is effective 30 days after that date. County Clerk Linda Love said Tuesday’s election votes were officially certified by the judges Tuesday night, and the certification letter was sent Thursday.
“So it looks like around December 2nd or 3rd, the no-smoking ban will become effective,” Johnson said.
He said the city still plans to send out a letter to Fulton business owners affected by the new voter-approved ordinance, which states, “Smoking shall be prohibited in all enclosed places of employment within the city of Fulton.”
The Fresh Air Fulton ordinance says that any owner, manager, operator or employee of a Fulton business must direct a person who is smoking to stop, or refuse service and ask them to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator or employee is to contact law enforcement.
Anyone who smokes in an area where smoking is banned is subject to a fine not exceeding $50. Any person who owns, manages, operates or otherwise controls a public place or place of employment and fails to comply with the ordinance will be guilty of an infraction and fined up to $100 for the first violation, up to $200 for the second violation within one year and up to $500 for each additional violation within one year.
Comments
rock1853 2 years, 6 months ago
So out of state money affects our local government and businesses. Great. Aye Commrades!
Mobama 2 years, 6 months ago
The ban is mostly because of the "smell"....well, I don't like a lot of the perfumes I have to smell, nor do I like the smell of booze on breath, or the fumes from autos. Lordy I am so tired of being bossed around by our so-called FREE country!!! ( won't post my name for fear of my FREE speech that really isn't FREE because you can get sued for what you say) WHAT'S FREE in the USA???
wildwest 2 years, 6 months ago
Stay tuned Fulton. When your city revenue receipts decline, you can thank the fine Nazis who want to control my actions. Maybe the city leaders will increase taxes on the institutions of higher "learning". Maybe you anti-smoking Nazis will get a nice decline in services.
mizzoufan 2 years, 6 months ago
Nice, now someone has brought the Nazi's in. Classy. As a liberterian I oppose government infringing on property rights. But I also herald voters leading their community in the direction they choose. This 'ban' was placed before the city council who decided to not pass it. Afterwards, the voters went against the council and chose to live under the conditions imposed by the ban. What a democracy we live in. As a libertarian, I've given up on reform of federal government to it's original intent. But what a great thing to see the democracy unfold in the smallest form of government we know. I would have been upset if this 'ban' would have passed by the council, but how can I be upset that the ban was passed by the people. In this case, big government has not encroached on property rights. It is the people in the community directing their community in the direction they want to see it evolve. You can blame it on outside money all you want, but money doesn't vote. People do. And if you live in Fulton, those people are your neighbors.
publichealth22 2 years, 6 months ago
Mobama, hugs are free. That smell is a composition of some pretty unhealthy chemicals. (i.e. CO (thats carbon monoxide), ammonia, arsenic, and fermaldehyde.
Throwing the term Nazis around like its an acceptable label is completely ignorant. The 'Nazi' party was responsible for one of the biggest genocide movements mankind has ever seen. Real intelligent comment.
Mobama 2 years, 6 months ago
Hi, publichealth22. I know its unhealthy, but bottom line is....the decision should be up to the business owner, then the public can decide to go into that business or not. It just angers me that the smokers are ALWAYS the ones picked on. Why not concentrate on drunks? They can kill us quicker than a cigarette. Although I was not the one to "throw in" the Nazis (was mizzoufan), their point is we are losing our rights, as is mine.
fultonian 2 years, 6 months ago
If the public is concerned about their health they should stay out of the smoky bars. I know a few of these fresh air Fulton people that got the ordinance on the ballot. Funny thing is they are all overweight! Maybe they should be banned from eating trans fats or salts. After all it's for a healthier community. It boils down to individual rights. If you don't like a restaurant don't go there. If you don't like a certain bar don't go there! I don't like going to some of the restaurants in Fulton because I think the music is too loud. Guess what, I don't act like a selfish little crybaby and get the government to make them turn the music down. I just don't go there!
malmark 2 years, 5 months ago
I hear this "it's a free country, it's a free country" thrown around alot.... you're only free to do what you want so long as it does not reasonably interfere with the freedom of others to do what they want ... this time it looks like the people have spoken in favour of banning smoking in these establishments... so get over it.
Sign in to comment
Or login with:
OpenID